Singapore legislation
Section 17
Section 17
Recognition of trade union of employees
(1)
No trade union of employees which has not been given recognition by an employer in the prescribed manner may serve on that employer a notice under section 18.
(2)
No trade union of employees whose constitution and rules do not permit it to admit as members any class of employees may seek recognition in respect of that class of employees or serve a notice under section 18 in respect of those employees.
(3)
No trade union of employees the majority of whose membership consists of non‑executive employees may seek recognition or serve a notice under section 18 in respect of any executive employee who —
is employed in a senior management position or performs or exercises any function, duty or power of a person employed in a senior management position, including the control and supervision of major business operations, accountability for operational performance, formulation of business policies, plans and strategies and provision of leadership to other employees;
performs or exercises any function, duty or power which includes decision‑making, or the power to substantially influence decision‑making, on any industrial matter including the employment, termination of employment, promotion, transfer, reward or discipline of other employees;
performs any function or duty which includes representing the employer in any negotiation relating to any industrial matter;
has access to confidential information relating to the budget and finances of the employer, any industrial relations matter or the salaries and personal records of other employees; or
performs or exercises any other function, duty or power which may give rise to a real or potential conflict of interest if the executive employee is represented by the trade union.
(4)
Where an employer raises the objection that a trade union should not represent certain employees or a class of employees, the employer and the trade union shall make a joint application to a Court for the determination of the question.
(5)
Until the Court gives its decision, the employer shall recognise the trade union in respect of other employees or class of employees in respect of whom the recognition of the trade union by the employer is not in dispute if the trade union represents the majority of such employees or class of employees.
(6)
The powers of a Court under subsection (4) shall be exercisable by the Court constituted by the president alone.
(7)
Subsection (1) shall not apply to the extent that a trade union of employees is deemed to be recognised by a transferee under section 18A(8) of the Employment Act 1968.